Rajo Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21657 of 2022 Arising Out of PS. Case No.-82 Year-2020 Thana- TETERHAT District- Lakhisarai ====================================================== RAJO MANJHI Son of Ganesh Manjhi Resident of Village - Jhinaura, P.S.- Tatarhat, District - Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Irshad For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Tetarhat P.S. Case No. 82 of 2020, registered for the offence punishable under Sections 323/364/34 of the Indian Penal Code. The allegation is regarding the petitioner having confined the widow mother of the informant and thereafter, he is alleged to have harassed her from time to time and ultimately, she was killed by the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.21657 of 2022(6) dt.18-01-2023 2/3 been falsely implicated in the present case and he is languishing in custody since 24.9.2020. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in one other case, but he is on bail in the said case. It is also submitted that the widow mother of the informant was living with the petitioner since 10 years and on the fateful day, she was suffering from Diarrhea, which had resulted in her death. It is also submitted that the charges have already been framed by the learned trial court in the ongoing trial.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the materials available in the case dairy, this Court finds that prima facie, minuscule evidence is available on record so as to connect the petitioner with the

Patna High Court CR. MISC. No.21657 of 2022(6) dt.18-01-2023 3/3 alleged crime and moreover, the petitioner herein is languishing in custody since more than two years, hence, I deem it fit and proper to admit the petitioner to the privilege of bail, however, subject to verification by the learned trial court as to whether charges have been framed or not, in the ongoing trial.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Lakhisarai in connection with Tetarhat P.S. Case No. 82 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T